Abstract

Marital rape, as the name suggests refers to non-consensual sexual intercourse with one’s spouse. It is rape that occurs within the “sacrosanct” institution of marriage. Unlike rape that is criminalised in India under section 64 of the Bhartiya Nyaya Sanhita, 2023, the Indian law does not recognise marital rape as a crime. There have been continuing debates and discussion around marital rape in the social and legal arena, however, the status of marital rape in India remains the same. This paper delves into the longstanding struggle of marital rape with law and society and the dire need to criminalise marital rape in India. The author depicts this struggle through Law Commission reports, Parliamentary debates and Judicial decisions. In this paper, the author has attempted to depict the journey of marital rape in the legal field, from the marital rape exception in the criminal law, arguments advanced against marital rape to the present realities that demand the recognition of marital rape as a crime. Further, the author discusses the data available on marital rape, highlighting the distress and cry for help when there is a lack of remedies if a woman is raped by her husband. The paper concludes on the note that criminalising marital rape in India is an indispensable need of the hour, and it is high time for India to take action for the plight of married Indian women.

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